BAI RADHA WD O KARSAN KHIMA Vs. NILABEN NANDLAL

JUDGEMENT

(1.) This is a revision application under sec. 29 (2) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 hereinafter referred to as the Rent Act filed by the original defendants against whom a decree for possession has been passed by the learned Trial Judge and is confirmed by the Appellate Court.

(2.) The facts leading to this proceeding lie in a very narrow compass.

(3.) The respondent is the landlady of the suit residential premises which consist of a small room situated in Mangrol town of Mangrol Taluka of Junagadh District. The monthly rent is Rs. 15.00. The original tenant was the deceased husband of the petitioner No. 1 defendant No. 1 and the father of minor petitioners Nos. 2 to 4. The original tenant of this suit room was served with a notice by the respondent landlady deman- ding arrears of rent which had then became due for more than six months. The said notice dated 23/04/1970 was served on the tenant on 24/04/1970 The said notice was as per the provisions of sec. 12(2) of the Bombay Rent Act. The original tenant could not comply with the said notice perhaps due to economic difficulties. The respondent landlady also did not immediately take any step to evict him and in the meanwhile the origi- nal tenant expired leaving his wife-petitioner No. 1-and his three minor children as his heirs and legal representatives. That ultimately the respo- ndent landlady filed Regular Civil Suit No. 314 of 1973 on 26/12/1973 in the Court of the learned Civil Judge (Jr.Dn ) Mangrol for obta- ining possession of the suit room on the ground that the original tenant was served with a notice under sec. 12(2) of the Bombay Rent Act was in arrears of rent from 1-8-72 to 30/04/1972 and thereafter also the present defendants petitioners did not pay any rent. Consequently the respondent landlady filed the aforesaid suit against the heirs and legal representatives of the original deceased tenant.